Accountability Posts

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Off-agenda vote on Pronto Realty continuance — residents had no prior notice

At the 9/4 Amherst Planning Board meeting, the board voted on a Pronto Realty continuance (to Oct 16) — but Pronto Realty wasn't on the public agenda. Residents had no notice to attend or comment. That's a transparency problem, even for a procedural vote.

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Unaddressed allegation of unequal treatment between residential and commercial applicants

Amherst Planning Board 9/4: A resident's 2005 subdivision approval lapsed in 2014. She asked for an extension. Denied unanimously. She told the board she's seen similar extensions granted for commercial projects. The board adopted findings — but never addressed her fairness argument.

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Board's own acknowledgment that a governing ordinance is legally deficient yet still in use

Amherst Planning Board chair on 9/4 about an ordinance they're actively using to decide a project: 'A poorly worded, poorly thought out, poorly drafted ordinance that the NH Supreme Court has told us we must rely on.' Residents deserve better than that.

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Second off-agenda action taken without public notice at the same meeting

Also at 9/4 Amherst Planning Board: A scheduling action for ordinance & regulation changes was taken — also not on the public agenda. Two unnoticed items in one meeting is a pattern worth watching.

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Post these in sequence for maximum impact.

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THREAD: Amherst Planning Board met 9/4/24. The meeting was unanimous on every vote — but that doesn't mean everything was routine. Here's what residents should know. 🧵

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1/ TRANSPARENCY ISSUE: The board voted to continue a Pronto Realty case to October 16th. Pronto Realty was NOT on the published agenda. Residents with any interest in that property had zero notice to show up, prepare, or speak. Even procedural votes belong on the agenda.

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2/ Also off-agenda: The board took action to schedule a discussion on ordinance and regulation changes — also not listed publicly. That's two unnoticed items in one meeting. Residents can only hold this board accountable if they know what's being decided.

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3/ FAIRNESS CONCERN: Laura Gandia asked the board to extend a 2005 subdivision approval for Map 5 Lots on Broadway. The board said it lacked authority under RSA 674:39 — the approval lapsed in 2014 — and denied her unanimously.

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4/ Gandia publicly told the board she was 'extremely disappointed' and alleged the board has granted similar extensions for commercial projects. The board adopted detailed findings of fact — but no member responded to her equal-treatment argument on the record.

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5/ LEGAL RISK: On the Transformations CUP project, the board chair stated they are relying on 'a poorly worded, poorly thought out, poorly drafted ordinance that the NH Supreme Court has told us we must rely on.' A 2-month extension was granted to Nov 6. Watch this one.

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6/ The board also continued Broadway Realty Trust's lot line adjustment after a member raised concerns that the wetland delineation may not comply with current regulations. Smart call — but it flags that applications are moving forward without full environmental vetting upfront.

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7/ Bottom line: All votes were unanimous, but 'no dissent' isn't the same as 'no problems.' Two off-agenda votes, an unaddressed fairness allegation, and a legally troubled ordinance in active use are all worth your attention. Next meeting: Sept 18.

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Longer-form draft.

📋 AMHERST PLANNING BOARD — September 4, 2024 Meeting Recap

The Planning Board held its regular meeting on September 4th. Every vote was unanimous, but several issues deserve public attention before the next meeting on September 18th.

🔴 OFF-AGENDA VOTES — TRANSPARENCY CONCERN
The board voted to continue a Pronto Realty case to October 16th — but Pronto Realty did not appear anywhere on the published agenda. Separately, the board also took action to schedule a discussion on ordinance and regulation changes, also without prior public notice. Residents who might have an interest in either item had no opportunity to prepare or attend specifically for these decisions. Even continuances and scheduling actions should be noticed publicly. Two unagendaed votes in a single meeting is not a one-off.

⚖️ FAIRNESS ALLEGATION LEFT UNANSWERED
The board unanimously denied Laura Gandia's request to extend a 2005 subdivision approval for Map 5 Lots on Broadway, citing a lack of authority under state statute RSA 674:39 — the approval had lapsed in 2014. Gandia publicly stated she was 'extremely disappointed' and alleged that the board has granted similar extensions for commercial projects, suggesting residential property owners are being treated differently. The board adopted detailed findings of fact to support the denial, but no board member addressed her equal-treatment argument directly on the record. That's a question that deserves an answer.

⚠️ A COURT-CRITICIZED ORDINANCE STILL IN USE
On the Transformations project, the board granted a two-month extension to November 6th after lengthy discussion. Board Chair noted publicly that the ordinance governing this decision is 'poorly worded, poorly thought out, poorly drafted' — and that the NH Supreme Court has already weighed in on it. The board is legally required to apply it anyway, but residents affected by this project have no clear basis to predict the outcome. This is an argument for ordinance reform, and it's overdue.

The next Planning Board meeting is September 18, 2024 at 7:00 PM. Pending items include Vinderosa Properties, Broadway Realty Trust wetland verification, and ordinance and regulation changes.